Legislator Case Law & Legislation
II W 471/13 AI generated

Court acquits co-owner of speeding vehicle due to lack of proof regarding who actually drove.

Case Number II W 471/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court acquitted the defendant, a co-owner of a vehicle, of failing to identify the driver after a speeding violation was recorded. Although the defendant claimed he could not identify the driver from the radar photo, the court found his assertion that he lent the car to numerous people unconvincing. Consequently, the court ruled that without proof the defendant knew who was driving, the presumption of innocence under the Code of Criminal Procedure required his acquittal.

Legislator headnote

AI generated

Art. 96 § 3 k.w. in conjunction with Art. 78 ust. 4 Ustawy prawo o ruchu drogowym; The burden of proof regarding the identity of the driver rests on the prosecution, and a co-owner is not liable for the vehicle's operation without specific evidence linking them to the act.

Keywords

AI generated
co-owner liability burden of proof presumption of innocence speeding violation identification of driver Code of Criminal Procedure unconvincing defense

Cited Legislation

AI generated
Art. 96 § 3 k.w.
Art. 78 ust. 4 Ustawy prawo o ruchu drogowym
Art. 8 k.p.w.
Art. 5 § 2 k.p.k.
Art. 20 § 3 k.p.w.
Art. 74 § 1 k.p.k.
Art. 118 § 2 k.p.w.
art. 8 k.p
art. 5 k.p.k
art. 20 § 3 k.p

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